People v. Thieman CA5

FACTS

At the suppression motion, the parties stipulated that the search and seizure was conducted without a search warrant.3 On June 1, 2012, State Parole Agents Darrott Johnson and Chad Greenwood had a “hot sheet” from the Kern County Sheriff’s Department with a list of stolen vehicles, wanted subjects, and missing persons. They were patrolling the Oildale area of Kern County. Johnson and Greenwood were looking for Alan Ladsky who was wanted on probable cause that he committed a rape and child molestation. Ladsky frequented the Oildale area. Ladsky’s description was a white male, 38 years old, 240 pounds, five feet eleven inches tall, with short grayish hair and blue eyes. Johnson and Greenwood were dressed in full tactical raid gear, consisting of a black raid vest with a badge, police placard on the front, and police parole placard on the back with white lettering. Agent Johnson was in an unmarked blue Chevy Colorado truck. The agents “initiated mobile surveillance” of Ladsky. On their way to another location, Agent Vidales said he saw a subject who met Ladsky’s description and he radioed Johnson. Johnson saw appellant on a bicycle. When appellant rode past Vidales, he…